What is the difference between a trademark and a service mark?

 A trademark is a sign identifying goods produced by a company/person.

 A service mark is a sign identifying work and services of the company/person. 

What are the requirements for trademark registration in Ukraine?

  • An address and contact details of an Applicant for correspondence;
  • A trademark image (it should not be bigger than 8x8 sm);
  • A list of goods and services according to Nice Classifiaction-10;
  • A power of Attorney signed by an Applicant.

How long does the registration process take in Ukraine?

The registration process in Ukraine takes around 10 -12 months.

How can I know which is the due date for the renewal of a registered trademark?

The term for renewal date of a registration is 10 years from the application date.

Once the trademark is registered, how long does the registration last?

Trademark registration in Ukraine last 10 years, then you have to renew your trademark registration for the next 10 years.

Whether registration of the trademark is obligatory?

There is no legal requirement to register, but rights against infringers are only acquired through registration. If a mark is not registered, there is a risk that others may register it and prevent the first user from fully using it.

Which Intellectual Property rights are registrable?

Any mark that can graphically be reproduced and is capable of distinguishing the goods or services of one person from another, e.g., words, names, devices, certain three-dimensional shapes, is registrable.

How long does it take the Trademark search in Ukraine?

Trademark Search in Ukraine usually takes around 7- 14 days.

Is there any requirement of use for registered trademarks? If so, what happens in case it is not used?

A trademark must be used within three years of the registration date or the registration will become vulnerable to cancellation for nonuse. However, use after the three-year term may cure nonuse, provided that in the interim no third party has filed a petition for cancellation.

Is it necessary to notarize or legalize the Power of Attorney?

— No. Notarization and legalization of the Power of Attorney and other relevant certificates from a foreign person or foreign enterprise are not required.

What steps does trademark registration procedure include?

  • Filling an application with the Stat Patent Office of Ukraine.
  • After filing an application it gets its registration number.
  • Formal Examination
  • Full Examination
  • In case of a positive decision, after paying fees, a trademark is registered in a State Registry.
  • The last step is getting a trademark certificate.

What is an invention?

 An invention is a technical decision in any sphere related to a product (particularly, to an apparatus, a material, a microbial strain, a culture of plants’ and animals’ cells) or a method.

What is a utility model?

A utility model is a technical decision that has a lower inventive step and less strict patentability conditions.

What is a Patent?

  • A patent for an invention is the grant of a property right to the inventor.
  • In general, the term of a new patent is 20 years.
  • Patent grants are effective only within the country territory.
  • Under certain circumstances, patent term extensions or adjustments may be available.

Why do I need a patent?

If your invention has market potential and you think that another company could make profits from your invention, you need protection from a patent.
A patent gives you the right to exclude others from making your product.

As a patent gives exclusivity, the patent holder has time to market the invention without competition making him/her able to charge higher prices.
It gives the right to initiate legal action against anyone that is making or selling, without permission, the patent holder invention.
You can make money by licensing or selling your invention to someone else.
It gives you priority over third parties wanting to register their patents in countries that do not require registration.

What is a license agreement?

Under a license agreement a person who has an exclusive right on Intellectual property results (licensor) grants or shall grant a right to use such results to another person (licensee).

 

 

 

 

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